Terms and Conditions

General Terms and Conditions of Business

1) Contract

Throughout these Terms and Conditions the following definitions apply:

Candidate’ means the individual introduced to the Client by Little Sweeties for Employment to carry out services such as nanny, babysitter, nursery nurse and other childcare services.

Client’ means the person, firm or company introduced to the Candidate.

Company’ means Little Sweeties.

‘Employment’ means permanent employment being 8 weeks or more or permanent part time placements of less than 30 hours per week or temporary positions where more than 36 hours notice is given and the placement is for a maximum of 8 weeks or emergency positions where less than 36 hours notice is given or any other services referred to in these Terms and Conditions or related terms supplied by the Company to the Client.

‘Fee Scale’ means the details of charges payable by the Client to the Company as attached to these Terms.

These Terms and Conditions shall represent a legally binding contract between the Client and the Company. The verbal or written command by the Client to the Company to submit suitable Candidates for contact or interview shall constitute agreement by the Client of these Terms and Conditions and are non-negotiable.

These Terms and Conditions will prevail over any other terms of business or conditions put forward by the Client.

2) Our Services

The Company is not an employment company and does not directly or indirectly employ Candidates. Unless the Candidate is registered as self-employed, the Company operates by introducing Candidates to the Client in person or by telephone for direct Employment by the Client in accordance with employment legislation.

3) Client’s Responsibilities

It is the responsibility of the Client to inform the Company if the Candidate has been offered Employment and the intended start date of the Candidate. All terms of Employment including duties, pay, hours, holidays, notice period etc must be agreed between the Client and the Candidate prior to the start of the Employment. The Company will assume all these details have been agreed between the Client and Candidate, unless the Client informs the Company otherwise.

The Client must pay the Candidate’s Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self-employed).

4) Fees

The total fee relevant to the duration of the booking will be invoiced to the Client in full on confirmation of an acceptance of Employment by the Candidate, either verbally or in writing. All fees must be paid within 14 days of receipt of the invoice which will be deemed to have been received the second day after posting if posted by first class post.

The Invoice will be calculated on the charges set out in the Fees Scale produced to the Client.

The Company reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period. All fees are subject to VAT.

If payment is not received within the 14 days, then replacement and refund entitlements will be invalidated.

Fees are due in respect of each Candidate agreeing to take up one Employment position with the Client not upon actual commencement of Employment.

Should the Candidate be offered Employment by the Client for a position other than in accordance with the original job description, the Companies fees shall be payable.

5) Additional Fees

The Company is not an employment company and does not directly or indirectly employ Candidates. Unless the Candidate is registered as self-employed, the Company operates by introducing Candidates to the Client in person or by telephone for direct Employment by the Client in accordance with employment legislation.

6) Temporary Employment

The Client should specify the length of Employment when requesting the Company to submit suitable Candidates for temporary Employment.

The fee for a temporary position is based on the number of weeks of Employment initially requested as per the Fee Scale. If the number of weeks of Employment is later reduced, no refund or reduction from the Company’s original fee will be given.

In the case of a temporary or part time position being extended, the fee payable will be the difference between the original fee charged and the fee that would have been charged by the Company if the Candidate had been employed for the full period.

Should a temporary position result in permanent Employment within 6 months of the initial commencement Employment date, the permanent fee shall be payable unless the temporary fees are greater, in which case the temporary fees shall be payable.

The Client will be charged £60 per week or £15 per day for each temporary position.

7) Administration/Cancellation Fee

Should the Client withdraw or cancel the Employment agreement with the Candidate after all the terms have been decided but prior to the Candidate commencing Employment, the Client will be liable for an administration fee of £100 plus VAT.

If a refund is agreed the Company reserves the right to charge a fee of £100 on all cancelled bookings whether confirmed orally or in writing.

8) Confidential Information

All information supplied by the Company including personal details of Candidates must be treated as strictly confidential. Should the Client pass on any information, including personal details of Candidates, or recommend a Candidate to a third party which results in Employment then the Client will be liable for the appropriate full fee with no refund entitlements.

9) Third Party Introductions

The Client agrees to inform the Company immediately if a Candidate is introduced by the Company who has already been introduced by a third party or another source. If the Client does not inform the Company then the Company will presume that the introduction has been as a result of the Company and the appropriate fee will be payable.

10) Limit of Liability

It is the Client’s responsibility to satisfy themselves that the applicant is in every way suitable for the position. The Company does not accept any liability for any kind of loss, inconvenience or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Company.

The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.

The Company cannot guarantee that the Candidate will complete the planned length of Employment nor that they will commence Employment.

11) Refunds and Replacements

The Company will permit replacements or refunds in the following circumstances:-

If the Candidate does not start Employment, as previously confirmed with the Client, a free replacement Candidate or full refund shall be given.

If the Candidate has their Employment terminated (in writing) or leaves within 4 weeks of beginning the Employment then a full refund or free replacement Candidate shall be given (only one free replacement is permitted and the job requirements must remain the same).

If the Client still wishes to employ a childcarer The Company will endeavor to provide a replacement within 4 weeks. Should a suitable replacement Candidate not be found, 80% of the fee will be refunded provided all the clauses of these Terms and Conditions have been adhered to by the Client.

No refund will be available if the Client makes other arrangements during the period in which a replacement is being sought. If a replacement Candidate’s salary is less than or more than the original Candidate’s salary, the Companies fees will be adjusted accordingly in accordance with the Fee Scale.

Refunds will be given subject to the following conditions:-

The Company is informed by the Client within 2 days of the cancellation of the Employment booking or the termination of the Employment.

The relevant fee has been fully settled within 14 days of the invoice being received and all the Company’s Terms and Conditions of business have been adhered to by the Client.

The Employment has not been cancelled by the Candidate due to unreasonable demands by the Client, due to a change in the job description, a change in location, or due to unreasonable working conditions or failure by the Client to comply with current Employment legislation and Tax and National Insurance payments

The following exclusions apply:-

No replacement or refund is allowed under any circumstances if the Candidate leaves the position after 4 weeks from the Employment start date.

No refund will be given if the Client maintains the services of a Candidate, even though the Client regards the Candidate unsatisfactory.